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Martin S. King has a
diverse practice representing individuals and
businesses throughout
Montana. Martin often represents
banks and financial institutions in complex
commercial transactions, in foreclosures and in
litigated matters including
bankruptcy. He routinely
provides counsel on land use issues including
easement, covenant, zoning and subdivision issues in
addition to representing parties in more typical
business and personal disputes. His
practice also includes business and general civil
litigation,
administrative
law,
arbitration,
collections,
contract
law,
environmental and
natural resources law,
mediation,
medical
and professional malpractice,
personal
injury,
products
liability, as
well as
real
estate transactions. He also
represents local and national companies in toxic
tort cases including asbestos litigation. Martin has
extensive trial experience and has presented and
argued a number of appeals to the Montana Supreme
Court.
After obtaining his J.D. degree in 1984 from the
Willamette University College of Law in Salem,
Oregon, Martin was admitted to the State Bar of
Montana and joined the firm as an associate.
He became a shareholder
of the firm in 1992 and has been a member of the
firms' three person executive committee since 2002.
Martin has been a frequent presenter on a variety of
topics at seminars for practicing attorneys
including the U.C.C. revised article 9, Montana
foreclosure law, easement litigation and voluntary
zoning districts among others. He is a member of the
Bankruptcy section of the Montana Bar and is also a
member of the National Arbitration Forum.
Over a career that has spanned more than 20
years, Martin has obtained successful results for
clients in a broad range of cases. Some
of Martin's cases that have been reported in formal
reporters include:
Yockey v. Kearns Properties, LLC,
106 P.3d 1185 (Mont. 2005) [Denial of an injunction
sought against client affirmed by the Montana
Supreme Court.];
Kullick v. Skyline Homeowners Ass’n,
Inc., 69 P.3d 225 (Mont. 2003) [Summary judgment for
client homeowners association that plaintiff does
not have an implied easement over clients' roads
affirmed by the Montana Supreme Court.];
WYMO v.
Luggie, 953 P.2d 171 (Mont. 1998) [Summary judgment
that client retains right to purchase property and
for client's recovery of costs and attorney's fees
affirmed on appeal.];
Estate of Firebaugh, 897 P.2d
1088 (Mont. 1995) [Holding following trial that adverse's claim to mother's estate must be reduced
by debt discharged in bankruptcy affirmed on
appeal.];
Reilly v. Farm Credit Bank of Spokane, 863
P.2d 420 (Mont. 1993) [Order affirmed on appeal that
plaintiff can no longer file lender liability
suits.];
R.H. Grover v. Flynn, 777 P.2d 338 (Mont.
1989) [Jury verdict for client against negligent
insurance agent plus prejudgment interest affirmed
on appeal.];
Sterrett v. Milk River Production
Credit Association, 764 P.2d 467 (Mont. 1988)
[Summary judgment dismissing lender liability claims
affirmed on appeal.];
Adsem v. Roske, 728 P.2d 1352
(Mont. 1986) [Summary judgment on wrongful death
claims under workers compensation exclusivity
affirmed on appeal.];
Federal Land Bank v. Stiles,
700 F. Supp. 1060 (D. Mont. 1988) [Summary judgment
in federal court dismissing lender liability
claims.];
In re Plummer, 20 Mont. B.R. 468 (Bankr.
D. Mont. 2003) [Conversion of chapter 13 and
modification of the automatic stay on client bank's
motion upheld as a bad faith filing.]
Other noteworthy cases that Martin has handled
include: Byrne v. Swanson, (Ravalli Mont. 2005)
[Obtained permanent injunction for a coalition of
neighbors enjoining operation of a commercial
motocross course.]; Crown Beverage Co., v. B.R.P.
Enterprises, Inc., (D. Mont. 2003) [Summary judgment
for client in Montana federal court in
distributorship case.]; Jore v. Kouvato, et. al.,
(D. Mont. 2003) [Summary judgment for one client and
defense jury verdict for another client in defense
of intellectual property claims in Montana federal
court.]; Stoveruds v. Swift Transportation, Inc.,
(D. Mont. 2001) [Jury verdict in federal court in
excess of $55,000 for trucking companies destruction
of clients antique street clock.]; USA v. Medore,
(D. Mont. 1998) [Summary judgment dismissing the
government's claims against client under the Federal
Clean Water Act.]; Turner v. Upper Lost Horse Zoning
District, (Ravalli Mont. 1996) [Summary judgment
that voluntary zoning district encompassing clients'
property was illegally formed.]
Martin has also been active in civic activities most
recently as the chairman of the Missoula Aquatic
Task Force that studied and presented a proposal to
the city of Missoula for reconstruction of
Missoula's swimming pools and which resulted in
passage of a $8.5 million municipal bond for the
construction of new aquatic facilities.
Martin and his wife Shannon, a registered nurse,
have been married for over 25 years and have three
children, Sam, Alex and Emma. When not spending time
with his family or engaging in professional
activities, Martin can be found biking and skiing in
the mountains and valleys of western Montana.
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